Flight delay and cancellation compensation, Thomas Cook ONLY

fossman

Finally got a second reply from Thomas Cook:

"On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question."

They then go on to say that a payment of compensation is not required and if I am still unhappy I should contact the CAA.

So they haven't explained what the technical fault was and then tell me to contact the CAA who won't be interested as it was an inbound flight.

111KAB

Migsy wrote: »

Hi, I was wondering if anyone could help? How do I find an old flight number to have a go at this delayed flight reclaim?
There were 4 of us on a flight from East Midlands to Rhodes with Thomas Cook on 30th July 2008. The flight was due to depart around 7am but we were delayed for 7-8 hours and advised that it was due to the plane being left standing over night and some sort of battery dying.
I wouldnt usually attempt this sort of thing but my father is now serverly disabled and if successful it could pay for a little treat for him.

Any help would be appreciated.
Thanks Migsy

TCX568 shows 6 hour delay = flightstats

johndoe70

Hey all,I'm about to hit tc with my claim and owing to the uncertainty raised in the above posts just wondered if someone can tell me exactly what ,who and where I should send it to please.Also if there's a email address to send it to as well that would be great.or if anyone can advise if email or snailmail is best.
Thanks loads peeps.jd70;)

staylor1982

staylor1982 wrote: »

Just to update you...
I have not heard anything from Thomas Cook or the CAA regarding flight TCX2312 on 29th September 2012 to Alicante Airport.
It was December 2012 when I wrote to Thomas Cook again and I am still waiting to this day.
After watching BBC1s watchdog tonight, at the end of the show they say whats on next weeks show which was 'Surprise' about the flight delay compensation and 'Why are Thomas Cook not paying up'
The Programme is on BBC1 next Wednesday at 8pm. Got to watch!
But after hearing about it I thought that I will chase it up again.

(P.S Ian, I have sent you a private message, explaining what happened)

I thought I would chase my claim up. I emailed the CAA and today they have replyed back to me.
this is what they have said....


Dear Passenger,

We are writing to update you on your claim for compensation for a disrupted flight.

Please accept our apologies if you have received this email previously. A number of passengers may not have received our earlier update and this email reconfirms the current status of your claim.

As you may be aware, compensation for disrupted flights is subject to whether the reason for the disruption was beyond the airline’s control, known as ‘extraordinary circumstances’ and whether the airline undertook reasonable measures to avoid the consequences of the disruption.

The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to help understand what ‘extraordinary circumstances’ are in relation to flight disruptions, in light of Regulation EC 261/2004 and European case law. The results of that work have been published on the European Commission’s website:

(cant post link, wont let me)

You can read more about the CAA’s role for resolving disputes about disrupted flights here: (cant post link, wont let me)
We have asked airlines to reassess complaints that have been received by the CAA in light of this new guidance. We have now sent your complaint back to the airline for their reassessment and they will respond to you directly within the next twelve weeks.

We have closed your complaint and are unable to enter into further correspondence on this issue as your complaint is with the airline for a reassessment.

Please note that at this stage, we have not made an assessment as to whether compensation may be due on your specific claim under the Regulation.

Yours faithfully,

JPears

staylor1982 wrote: »

I thought I would chase my claim up. I emailed the CAA and today they have replyed back to me.
this is what they have said....


Dear Passenger,

We are writing to update you on your claim for compensation for a disrupted flight.

Please accept our apologies if you have received this email previously. A number of passengers may not have received our earlier update and this email reconfirms the current status of your claim.

As you may be aware, compensation for disrupted flights is subject to whether the reason for the disruption was beyond the airline’s control, known as ‘extraordinary circumstances’ and whether the airline undertook reasonable measures to avoid the consequences of the disruption.

The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to help understand what ‘extraordinary circumstances’ are in relation to flight disruptions, in light of Regulation EC 261/2004 and European case law. The results of that work have been published on the European Commission’s website:

(cant post link, wont let me)

You can read more about the CAA’s role for resolving disputes about disrupted flights here: (cant post link, wont let me)
We have asked airlines to reassess complaints that have been received by the CAA in light of this new guidance. We have now sent your complaint back to the airline for their reassessment and they will respond to you directly within the next twelve weeks.

We have closed your complaint and are unable to enter into further correspondence on this issue as your complaint is with the airline for a reassessment.

Please note that at this stage, we have not made an assessment as to whether compensation may be due on your specific claim under the Regulation.

Yours faithfully,

Commonly referred to as a cop out, passing the buck. More seriously CAA totally failing in one of it's reasons for being.

maghater

If you read the case law quoted in the FAQs it is apparent that the bar has been set very high for the airlines to jump over. It is the wording of Ec261/2004 interpreted by various court rulings determine the right to compensation. Not the musings of some airline industry financed body that has absolutely no passenger or consumer input. The NEBs are bang out of order, the publication referred to has no legal teeth, and in my opinion does nothing but show the airlines contempt for both the law and the consumer. I would urge anyone affected to bring it to the attention of their MEPs.

galasteve

Hi, hoping someone can help/give some guidance

I just received the letter below - its the 2nd response from TC. I received a letter from the AESA stating that TC had not replied to them proving ECs so I am due compensation yet TC come back with another letter stating ECs but not explaining what they are.:mad:

How should I proceed from here?
Should I send another letter with a copy of the AESA letter, along with a demand for them to explain the circumstances or should I go straight to court?

Dear xxx,

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

tigertrumps2

Looking forward to tonight's Watch Dog, hopefully good news for all us good people fighting for what we are owed from these robbing swine's !!!

Vauban

galasteve wrote: »

Hi, hoping someone can help/give some guidance

I just received the letter below - its the 2nd response from TC. I received a letter from the AESA stating that TC had not replied to them proving ECs so I am due compensation yet TC come back with another letter stating ECs but not explaining what they are.:mad:

How should I proceed from here?
Should I send another letter with a copy of the AESA letter, along with a demand for them to explain the circumstances or should I go straight to court?

It is contemptuous behaviour, and you are unlikely to be able to reason them into submission. I don't think, unfortunately, that they will be much moved by the AESA letter either.

Personally, I would now start court action: the fact that they seem unwilling to divulge the nature of the technical problem (which are rarely to be regarded as extraordinary) suggests to me that though don't think it is very compelling. But until you start court action, you won't actually know for sure ...

Vauban

tigertrumps2 wrote: »

Looking forward to tonight's Watch Dog, hopefully good news for all us good people fighting for what we are owed from these robbing swine's !!!

I think it will be interesting, but I'd manage your expectations if I were you. What "good news" are you expecting? The companies seem pretty impervious to public shame, so far as I can tell.